The New Mexico Environment Department has issued the following press release:
ALBUQUERQUE — Today, the New Mexico Environment Department (NMED) and the U.S. Environmental Protection Agency (EPA) convened New Mexico’s first Environmental Crimes Task Force.
The goal of the Environmental Crimes Task Force is to increase federal, tribal and state cooperation in investigating and prosecuting criminal violations of federal, tribal, and state environmental laws. In pursuit of this goal, the Task Force will meet regularly with members from federal, tribal, and state agencies to disseminate actionable intelligence and coordinate responses to address those individuals and entities who threaten our health and environment by violating such laws. Violating environmental laws—including, but not limited to, the federal and state air, water, and hazardous waste laws—is a crime and can be punishable by incarceration and/or monetary fines.
“If you circumvent New Mexico’s environmental laws – we will find you and we will prosecute you,” said Environment Department Cabinet Secretary James Kenney. “The Environmental Crimes Task Force will bring much needed investigation and prosecution resources and coordination to New Mexico, which will serve to level the playing field and increase environmental compliance in our communities.”
The Environmental Crimes Task Force will also focus on advancing civil rights and environmental justice through timely and effective remedies for systemic environmental violations in underserved communities that have been historically marginalized and overburdened, including low-income communities and communities of color.
“This task force is being created to curb environmental crime in the state of New Mexico and neighboring tribal territories,” said Kim Bahney, Special Agent in Charge of EPA’s Criminal Investigation Division for the Southwest Area Branch. “Public health and the environment should not suffer at the hands of deliberate polluters.”
“Low-income communities and communities of color have disproportionately borne the burden of environmental crime," said Alexander M.M. Uballez, United States Attorney for the District of New Mexico. "Through the Environmental Crimes Task Force, we will bring fair treatment and meaningful involvement of underserved communities that have been historically marginalized and overburdened by systemic environmental violations, pollutions, climate change and abuse of natural resources.”
“As Land Commissioner, I’ve prioritized the protection of our natural resources. Under our Accountability and Enforcement program, we’ve successfully persuaded companies to comply with their environmental obligations. Many companies do the right thing, but when companies don’t and they break the law there should be consequences for those actions. We’re proud to be a part of this task force and look forward to working with other agencies to safeguard New Mexico’s natural resources,” said Commissioner of Public Lands Stephanie Garcia Richard.
NMED and EPA will coordinate the Task Force among the participating federal, state, and tribal agencies. This includes continuing to expand its membership, convening trainings and meetings, and leading efforts to coordinate criminal enforcement of environmental laws. The Task Force partners include the following state and federal agencies that will coordinate on the investigation and criminal prosecution of individuals and organizations who commit environmental crimes:
- New Mexico Attorney General
- New Mexico Department of Public Safety
- New Mexico Energy, Minerals and Natural Resources
- New Mexico Environment Department
- New Mexico Game and Fish Department
- New Mexico State Land Office
- Federal Bureau of Investigation’s Albuquerque Field Office
- U.S. Attorney’s Office
- U.S. Environmental Protection Agency
- U.S. Fish and Wildlife Service
- Navajo Nation Department of Justice
- Examples of criminal environmental violations include:
- A chop-shop where stolen vehicles are dismantled and used oil is dumped;
- An oil and gas operator who fabricates records to show they looked for leaking components but never did so or conceals oil spills;
- Industries that fail to follow safety protocols as outlined in its risk management plan, which can put its workers and the public at risk;
- A wastewater treatment plant operator or industrial user who changes sample results to show compliance of non-compliant discharges to surface water or groundwater, including instances of public official misusing their authority for personal gain or benefit;
- A company that illegally discharges pollutants into a river or channel which leads to a river due to intentional or negligent maintenance of equipment and/or properly trained staff with or without a permit;
- Demolition and construction activities involving removal of asbestos without following proper worker safety practice standards or illegal disposal; both causing potential exposure and creating health risks for workers and the public;
Illegal storage, transportation or disposal of hazardous or radiological wastes;
Importation of illegal pesticides, refrigerants, or wildlife;
- Use of pesticides and refrigerants that are not EPA-approved;
- Oil spills, releases or discharges; some of which compromise the fishing rights or practices of indigenous or disadvantaged communities;
- False reporting of air emissions resulting from inadequate, under design or nonexistent pollution control devices;
- Companies and individuals that tamper with emissions devices or write and install tunes in road vehicles;
- False statements to the EPA, NMED or other regulatory agencies that undermine the integrity of environmental protection programs or permits.
Federal, state or local agencies who are interested in participating in the New Mexico Environmental Crimes Task Force are invited to contact Bruce Baizel, General Counsel, NMED at bruce.baizel@env.nm.gov.